CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The European Aviation Safety Authority (EASA) has issued AD 2007-0013 affecting Shorts SC7 model aircraft. EASA acts on behalf of The United Kingdom, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/SC7/13, Amendment 6, which will become effective on 15 March 2007. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation in Australia, with a strong emphasis on ensuring safety and efficiency. The Act empowers the Governor-General to make regulations for the purposes of the Act, which include the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft. This was a response to the need for a comprehensive legal framework that aligns with international standards set by the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design is responsible for the continuing airworthiness of aircraft types and must provide necessary information to the States of Registry. CASA, as Australia's national airworthiness authority, must issue ADs when required, ensuring compliance with these international obligations. The policy objective behind these regulations is to maintain the highest safety standards in Australian civil aviation, harmonising with international practices and ensuring effective oversight and management of airworthiness directives.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives in Australia, which apply to the continuing airworthiness of aircraft and aeronautical products. Under these legislative instruments, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives for specific types of aircraft or aeronautical products. These directives are legislative instruments as defined by the Legislative Instruments Act 2003, and they are intended to ensure the safety of air navigation in accordance with international standards. The application of these regulations is not limited to a specific geographic area but extends nationally, reflecting Australia's commitment to international civil aviation conventions. The State of Registry, which is responsible for the continuing airworthiness of individual aircraft registered in Australia, must ensure compliance with these directives. Exemptions or exclusions from these regulations are not explicitly detailed in the provided text, but their issuance is governed by international obligations and assessments conducted by CASA, as Australia's national airworthiness authority.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to create regulations in the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further enables CASA to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. These ADs are legislative instruments under section 6 of the Legislative Instruments Act 2003. This regulatory framework is essential for maintaining the safety standards required under international aviation agreements.
Under the Civil Aviation Act 1988, entities such as CASA and the State of Registry have specific obligations concerning the continuing airworthiness of aircraft. According to Annex 8 of the Convention on International Civil Aviation, the State of Design is responsible for providing necessary information to ensure the airworthiness of an aircraft type, while the State of Registry is tasked with developing or adopting requirements to maintain airworthiness. CASA, acting as Australia's national airworthiness authority, must evaluate ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to enforce these requirements.
The Civil Aviation Safety Regulations 1998 establish clear penalties for non-compliance with airworthiness directives. Although the specific penalties are not detailed in the provided text, the seriousness of breaching these directives can result in significant consequences. Such breaches may lead to both civil and criminal penalties, depending on the severity and intent behind the non-compliance. The regulatory framework underscores the importance of adhering to ADs to ensure the safety and reliability of aircraft operations.
Given the global nature of aviation, ADs often originate from international authorities such as the European Aviation Safety Authority (EASA). When EASA issues an AD affecting aircraft on the Australian Register, CASA is required to assess and potentially issue a corresponding Australian AD. For example, AD 2007-0013 from EASA concerning Shorts SC7 model aircraft has been assessed and replaced by Australian AD/SC7/13, Amendment 6, which became effective on 15 March 2007. This process exemplifies the collaborative approach between different aviation authorities to uphold international safety standards.